Figel murder trial evidence allegedly missing from police custody

Pago Pago, AMERICAN SAMOA — Key materials items allegedly used in the murder of academic Sinavaiana Dr. Caroline Gabbard and mentioned in the testimonies of police witnesses, were not presented in court during last week's trial proceedings.

The items in question, a knife and a hammer, were identified by police witnesses Senior Sergeant Ma’atusi Lelefu and Constable Steven Tonumaipea, who responded to the crime scene in Vaivase on Sunday, 26 May 2024. Both officers testified during the trial of prominent writer and poet Papalii Sia Figel, who stands accused of the murder.

Pathologist Dr. James Kalougaviki, who conducted the postmortem examination, also referenced a hammer in his testimony, further emphasizing its significance to the case.

A senior police official told Samoa News that a secure facility exists at police headquarters in Apia specifically for the safekeeping of evidence in court cases. The facility was established after multiple cases were dismissed due to missing physical evidence.

He acknowledged that evidence has gone missing from police custody in the past and stated that the knife and hammer in this case should be stored in that secure location.

The absence of physical evidence and the uncertainty of their existence has raised serious concerns about the integrity of the investigation and the prosecution’s case.

Presiding Judge Fepuleai Ameperosa Roma questioned prosecutor Taimalelagi Leinafo Strickland about the whereabouts of the missing items.

In response, Taimalelagi apologized and explained that the “chain of custody was disrupted or broken” following the death of Senior Sergeant Peniamina Perita, who had led the investigation while serving in the Criminal Investigation Division (CID).

Typically, in murder trials, weapons or items used in the commission of the crime are presented as evidence and formally entered as exhibits. Their absence in this case prompted Judge Roma’s inquiry and has cast doubt on the prosecution’s ability to meet evidentiary standards.

Defense counsel Unasa Iuni Sapolu emphasized that the late Sergeant Peniamina is a crucial witness whose absence leaves a significant gap in the case.

Papalii’s trial is scheduled to resume on 11 September 2025, when the final police witness is expected to testify.